RED HERRING PROSPECTUS Dated August 24 ... - Globus Spirits
RED HERRING PROSPECTUS Dated August 24 ... - Globus Spirits RED HERRING PROSPECTUS Dated August 24 ... - Globus Spirits
protest. In case of an adverse decision in the matter, the Company will loose the amount of duty paid. Recovery Suit Rs. 5,16,045 plus interest @ 24% p.a. on the above amount from the date the sum became payable to the Company. The Company has already made all the payments for which it has claimed refund. The Company will suffer loss of the amount (being claimed as refund) not paid by the Respondents. Revision Suit The Company has already made the entire demand of sales tax as due. If the case is decided against the Company, the Company would not get refund of the said amount. A claim petition was filed by the Company against Rajasthan State Ganganagar Sugar Mill (RSGSM) for refund of the amount deducted by RSGSM for delay in the supply of goods as liquidated damages, Permit fee and on account of shortfall in increased rates effected after increase in the excise duty for Rectified Spirit. The case was heard by a Sole Arbitrator appointed by the Director in charge of RSGSM who announced his award on 13.4.2006 rejecting all the claims of the Company. The application of the Company u/s 34 of the Arbitration and Conciliation Act for setting aside the award which was pending for final hearing before the Court of District and Sessions Judge, Jaipur City has been transferred to the Court of Additional District Judge No.1 on March 20, 2009. On March 20, 2009, record of the matter from the Sole Arbitrator was ordered to be called for and the matter was fixed for hearing on August 1, 2009. Since on August 1, 2009, the record from the Sole Arbitrator was not available, the Court did not pass any order and fixed the next date of hearing on October 31, 2009. The matter was listed on April 05, 2006 wherein the Hon’ble Rajasthan High Court, Jaipur issued notice to the Respondents. Subsequently, the matter was listed for placing additional documents on record and the same was allowed by the Court. Again on August 13, 2007, arguments took place and as no specific counter to the additional documents were filed by the Department, the Company sought time to file counter to the additional document. Subsequently, the matter was listed on various occasions but no effective hearing took place in the matter. The matter is now listed for hearing on August 24, 2009 as per the tentative list of the registry. A classification of the legal proceedings instituted against Associated Distilleries Limited, a group company and the monetary amount involved in these cases is given in the following table: Type of Litigation Cess Payments etc & Other Government Departments Amount Involved Status (Rs. in lakhs) 1,65,750/- a. Next hearing is fixed on November 10, 2009 for evidence of HSPCB. b. Next hearing is fixed on xvii
Writ Petitions related to notification on usage of old and new liquor bottles for packaging). Recovery Suits Not quantifiable Rs. 2,71,498/- Rs. 27,63,894/- Rs. 11,11,279/- Rs.2,33,780.50 (Rs. 2,14,477.50 plus Rs. 19,303/- towards interest) November 16, 2009 for arguments on the application for amendment of plaint by the parties. c. Next hearing is fixed for arguments by the parties. Date will be fixed later. a. Final Arguments have been completed and the Case has to come for final hearing. Date to be fixed later. b. Adjourned till disposal of Case No. C.W.P 11641/1997 as the point in issue is similar. Matter is pending for evidence of Defendants. Next date of hearing September 7, 2009. For further details regarding these litigations, please refer to the section titled “Outstanding Litigations and Defaults” beginning on page no. 198 of this Red Herring Prospectus. 16. As on June 30, 2009 the Company has Unsecured loans amounting to Rs. 57.17 lakhs comprising Rs. 17.38 lakhs by way of Inter-Corporate Deposits (ICDs) and Rs. 39.79 lakhs from ABN AMRO Bank Limited The Unsecured loans by way of ICDs bear no interest and are repayable on Demand. The Unsecured loans from ABN AMRO Bank carry an interest of 15.75% and are repayable on Demand. In the event of any demand, the cash outgo may affect the Company’s operations and profitability. Management Perception The Company has adequate reserves for re- payment in the event of any withdrawal in the unsecured loans currently enjoyed by the Company, and therefore is of the opinion that it will not affect the Company’s operations or profitability. 17. The Company has planned capital expenditures, which may not yield the benefits intended thus having an adverse impact on the Company’s’ business and profitability The Company may not be able to execute its expansion plans as contemplated. The capital expenditure plans are subject to a number of variables, including possible cost overruns; development delays or defects in construction; receipt of governmental approvals; and changes in management’s views of the desirability of current plans. The Company may not be able to execute its expansion plans as contemplated. Due to time and/or cost overruns the anticipated benefit of such plans to its revenues and profitability may decline. To the extent that completed and/or planned capital expenditures do not produce anticipated or desired revenue or cost-reduction outcomes, the profitability and financial condition will be adversely affected. 18. Some of the Group Companies promoted by the Promoters have incurred losses during any of the last three years as detailed below: The following group companies, promoted by the promoter, have made losses during the last three financial years: Sr No Name of the Group Company Profit/(Loss) for the year ended 31.03.07 Profit/(Loss) for the year ended 31.03.08 Profit/(Loss) for the year ended 31.03.09 1 Northern India Alcohol Sales (0.55) 0.34 (0.58) xviii
- Page 1 and 2: RED HERRING PROSPECTUS Please read
- Page 3 and 4: TABLE OF CONTENTS SECTION TITLE PAG
- Page 5 and 6: Chatrath & Co., Chartered Accountan
- Page 7 and 8: Margin Amount Memorandum of Associa
- Page 9 and 10: Company/Industry Related Terms/Tech
- Page 11 and 12: NRE Account Non Resident External A
- Page 13 and 14: • Company’s ability to successf
- Page 15 and 16: The Company constantly endeavours t
- Page 17 and 18: The Company has reported a net nega
- Page 19: the Excise and liquor sourcing poli
- Page 23 and 24: Northern India Alcohol Sales Pvt. L
- Page 25 and 26: 8. Dependence on agri products Mana
- Page 27 and 28: l. In addition to the BRLMs, the Co
- Page 29 and 30: enforced prohibition in 1996, but h
- Page 31 and 32: THE ISSUE Equity Shares offered: Fr
- Page 33 and 34: Particulars As on 31.03.2005 31.03.
- Page 35 and 36: Particulars For the Year/Period End
- Page 37 and 38: BOARD OF DIRECTORS Name of the Dire
- Page 39 and 40: Jawahar Vyapar Bhawan, 14th Floor 1
- Page 41 and 42: STATEMENT OF INTER SE ALLOCATION OF
- Page 43 and 44: The grading is however, constrained
- Page 45 and 46: Industry Outlook & Prospects The do
- Page 47 and 48: on a proportionate basis. For furth
- Page 49 and 50: CAPITAL STRUCTURE OF THE COMPANY Sh
- Page 51 and 52: others # 17.4.1995 $ 2,11,640 10 47
- Page 53 and 54: 1.11.1994 Acquisition 18,75,000 10
- Page 55 and 56: Category Code Category of Sharehold
- Page 57 and 58: 8. Mr. Ashok Kumar 33 0.0003 9. Mr.
- Page 59 and 60: OBJECTS OF THE ISSUE The Company pr
- Page 61 and 62: In case of variations in the actual
- Page 63 and 64: 1. Plant and Machinery for 35 KLPD
- Page 65 and 66: Taxes & Duties 127.00 Total 918.00
- Page 67 and 68: Franchise Fees - - - 4.00 Bond Fees
- Page 69 and 70: Mass Media options: • Hoardings 3
Writ Petitions related<br />
to notification on<br />
usage of old and new<br />
liquor bottles for<br />
packaging).<br />
Recovery Suits<br />
Not quantifiable<br />
Rs. 2,71,498/-<br />
Rs. 27,63,894/-<br />
Rs. 11,11,279/-<br />
Rs.2,33,780.50<br />
(Rs. 2,14,477.50 plus<br />
Rs. 19,303/- towards<br />
interest)<br />
November 16, 2009 for<br />
arguments on the application<br />
for amendment of plaint by the<br />
parties.<br />
c. Next hearing is fixed for<br />
arguments by the parties. Date<br />
will be fixed later.<br />
a. Final Arguments have been<br />
completed and the Case has to<br />
come for final hearing. Date to<br />
be fixed later.<br />
b. Adjourned till disposal of Case<br />
No. C.W.P 11641/1997 as the<br />
point in issue is similar.<br />
Matter is pending for evidence of<br />
Defendants. Next date of hearing<br />
September 7, 2009.<br />
For further details regarding these litigations, please refer to the section titled “Outstanding<br />
Litigations and Defaults” beginning on page no. 198 of this Red Herring Prospectus.<br />
16. As on June 30, 2009 the Company has Unsecured loans amounting to Rs. 57.17<br />
lakhs comprising Rs. 17.38 lakhs by way of Inter-Corporate Deposits (ICDs) and<br />
Rs. 39.79 lakhs from ABN AMRO Bank Limited The Unsecured loans by way of ICDs<br />
bear no interest and are repayable on Demand. The Unsecured loans from ABN<br />
AMRO Bank carry an interest of 15.75% and are repayable on Demand. In the<br />
event of any demand, the cash outgo may affect the Company’s operations and<br />
profitability.<br />
Management Perception<br />
The Company has adequate reserves for re- payment in the event of any withdrawal in the<br />
unsecured loans currently enjoyed by the Company, and therefore is of the opinion that it<br />
will not affect the Company’s operations or profitability.<br />
17. The Company has planned capital expenditures, which may not yield the benefits<br />
intended thus having an adverse impact on the Company’s’ business and<br />
profitability<br />
The Company may not be able to execute its expansion plans as contemplated. The capital<br />
expenditure plans are subject to a number of variables, including possible cost overruns;<br />
development delays or defects in construction; receipt of governmental approvals; and<br />
changes in management’s views of the desirability of current plans. The Company may not<br />
be able to execute its expansion plans as contemplated. Due to time and/or cost overruns<br />
the anticipated benefit of such plans to its revenues and profitability may decline. To the<br />
extent that completed and/or planned capital expenditures do not produce anticipated or<br />
desired revenue or cost-reduction outcomes, the profitability and financial condition will be<br />
adversely affected.<br />
18. Some of the Group Companies promoted by the Promoters have incurred losses<br />
during any of the last three years as detailed below:<br />
The following group companies, promoted by the promoter, have made losses during the last<br />
three financial years:<br />
Sr<br />
No<br />
Name of the Group Company<br />
Profit/(Loss)<br />
for the year<br />
ended<br />
31.03.07<br />
Profit/(Loss)<br />
for the year<br />
ended<br />
31.03.08<br />
Profit/(Loss)<br />
for the year<br />
ended<br />
31.03.09<br />
1 Northern India Alcohol Sales (0.55) 0.34 (0.58)<br />
xviii